486                             LAWS OF MARYLAND                       CH. 417

exposed for sale, sold, or in the process of delivery, to determine
whether the same contain the amounts represented and whether
they be kept, offered, or exposed for sale, or sold, in accordance with
law. Provided, that in cities and counties for which the appointment
of a sealer of weights and measures is required by this subtitle, the
Superintendent shall have concurrent authority to enforce the pro-
visions of this subtitle.

13.

(a)    In and for each city or town having a population of [100,0001
200,000 or more, and in and for each county having a population of
[100,0003 200,000 or more, according to the latest official State or
United States Census, there shall be a sealer of weights and meas-
ures, and such deputy sealers of weights and measures as may be
required, hereinafter referred to as sealers and deputy sealers, respec-
tively. The sealer and deputy sealers shall be appointed by the gov-
erning body in any such town, city or county in accordance with the
local law as to such appointments.

(b)    [Provided, that a] Any town, city, or county having a popu-
lation of less than [100,000] 200,000 may appoint a sealer and
deputy sealers as provided in this section [. And provided further,
that] and when the governing body in such town, city, or county
elects to appoint a sealer all of the provisions of this subtitle will
apply in the same manner as if such appointment were required by
this section.

26.

(a)    [Fluid milk, cream, and buttermilk in package form for ulti-
mate retail sale shall be packaged only in units of 1 gill, ½ pint, 1 pint,
1 quart, ½ gallon, 1 gallon or multiples of 1 gallon. Cottage cheese
shall be sold by weight only.] All fluid dairy products, including but
not limited to whole milk, skimmed milk, cultured milk, sweet cream,
sour cream, and buttermilk, shall be packaged for retail sale only in
units of 1 gill, ½ liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid
quart, or multiples of 1 quart. Provided, that packages in units of
less than 1 gill shall be permitted. Cottage cheese shall be sold by
weight only.

(b)    Ice cream, ice milk, frozen custard, sherbet, water ice or fruit
ice shall be deemed a liquid. When sold or offered for sale in packages
or containers containing one gill or more, and up to and including
one gallon, these commodities shall be packaged only in units of one
gill, one-half pint, one pint, one quart, one-half gallon, and one gallon.

34.

(b) Use, or have in possession for current use, in the buying or
selling of any commodity or thing, or for hire or award, or in the
computation of any charge or payment for services rendered on the
basis of weight or measurement, or in the determination of weight
or measurement when a charge is made for such determination, any
weight or measure which has not been sealed by the Superintendent,
or any inspector, or a sealer or deputy sealer [within one year],
unless written notice has been given to the Superintendent or to the
sealer in whose territory the weight or measure is located, to the